Aklesh Kumar @ Akhilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24818 of 2025 Arising Out of PS. Case No.-270 Year-2024 Thana- ALOULI District- Khagaria ====================================================== Aklesh Kumar @ Akhilesh Kumar S/o Dinesh Singh Resident of Alauli, P.S.- Alauli, Distt.- Khagaria, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bambam Kumar, Adv.
For the Opposite Party/s :
Mr. Suresh Prasad Singh, App.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-06-2025
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of regular bail, arises out of Alauli Police Station Case No. 270 of 2024, dated 25.07.2024, disclosing offences under Section 126, 115(2), 303(1), 109, 351(2), 352 of the BNS, 2023.
3. As per the prosecution case, on 18.07.2024, in the morning, petitioner along with other accused persons, armed with deadly weapons, entered into the informant's house and started demanding Rs. 50,000/- per month as rangdari. Upon protest made by the informant and others, petitioner assaulted the informant's father with iron rod on his head causing head injury.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.24818 of 2025(3) dt.27-06-2025 2/3 petitioner has falsely been implicated in the present case on the basis of the fact that the petitioner and his family members are vegetable vendor and they had supplied vegetables to informant's side on daily basis and when the money was demanded, they were abused and assaulted for which a counter case bearing Alauli P.S. Case No. 273 of 2024 was lodged by the side of the petitioner against the informant and others. The petitioner had approached before this court in Cr. Misc. No. 85009 of 2024 along with other co-accused but the anticipatory bail application of the petitioner was rejected on 09.01.2025 and the other family members of the petitioner were granted anticipatory bail. The petitioner is in custody since 27.01.2025 and there is no likelihood that the petitioner will abscond or tamper with the evidence.
5. On the other hand, learned counsel for the state submits that there is specific allegation of assault against the petitioner on the head of the informant's father. The victim has sustained grievous injury. The petitioner has breached the private defence of property and body of the victim.
6. Regards being had to the submissions made by the parties and taking into consideration the fact that the petitioner is in custody since 27.01.2025 and the charge sheet has already
Patna High Court CR. MISC. No.24818 of 2025(3) dt.27-06-2025 3/3 been submitted, there is no likelihood that the petitioner will abscond or tamper with the evidence, accordingly, I am inclined to grant regular bail to the petitioner.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection to the Alauli Police Station Case No. 270 of 2024.
9. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Anil Kumar Sinha, J) HarshPandey/- U T